Baraz Constructions Pty Limited v Strathfield Council [2015] NSWLEC 1419

Baraz Constructions Pty Limited v Strathfield Council [2015] NSWLEC 1419

The Court upheld the appeal and granted development consent as amended plans addressed all planning contentions, and the objection to the building height standard was accepted as well founded.

Parties
Applicant: Baraz Constructions Pty Limited; Respondent: Strathfield Council
Jurisdiction
Australia
Judgment Date
20 October 2015
Procedural Posture
Appeal Against Refusal of Development Application / Final Hearing and Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Affordable Housing, Development Control Plan, Town Planning, Building Height Standards
Planning and Environment Law Development Application Affordable Housing Development Control Plan Town Planning Building Height Standards

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Parties

Baraz Constructions Pty Limited

Applicant

Strathfield Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Final Hearing and Orders

Legal Issues

  1. 1 Whether amended plans resolve previous planning contentions
  2. 2 Whether development should receive consent under relevant planning controls
  3. 3 Whether objection to building height standard is well founded

Ratio Decidendi

The Court upheld the appeal and granted development consent as amended plans addressed all planning contentions, and the objection to the building height standard was accepted as well founded.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • Applicant granted leave to rely on Version F plans subject to payment of $3500 costs to Council.
  • Appeal upheld.